BC Rail – what are they hiding? Cont.

Surpise, government minions have disallowed my FOI request for the BC Rail documents.  They argue the court proceedings are still alive although the appeal dates have passed.  But they won’t tell me what’s alive about them.  Under Section 3 (1) (h) of the act they can deny disclosure if the docs are the subject of a court proceeding.

Here are the run-around notes I received from the manager of non-disclosure along with my queries and replies:

Sent: Thursday, November 25, 2010 10:03 AM
To: Hudson, Vicki SSBC:EX; Minkley, Melinda SSBC:EX
Subject: FOI Request 292-30/AGT-2020-00215

Dear Ms. Minkley and Ms. Hudson,

I received your letter of November 17, 2010 refusing access to the material provided by the government of BC to the RMCP, Special Prosecutor and/or the defence team related to the trial of David Basi, Aneal Basi and Bob Virk, as the appeal period related to the trial has not expired.

I write to request a review of the decision.

As the government negotiated the deal concluding the trial, I assume that they were aware of the 30 day appeal period and would take that into consideration in my request.  The records should have been available to the FOI process as of November 18th, well within the 30 business day period that ensues for providing records relating to my request.

Following a conversation with Ms. Minkley this morning I was told that the advice of the Criminal Services Branch was that the records are also bound up in the separate ALR trial and conviction of the company involved in that case.

I do not seek any records relating to the ALR case or the bribe offered in that case.  I seek only records regarding the Basi/Virk trial.   I also understand that the appeal period has or is close to ending in that second trial.  That would mean, as your letter states, that “where all appeal periods have expired – the Act will apply.”

I note that section  6 (1) establishes a duty to assist applicants: 6 (1) The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely.  Clearly the ministry would understand that the time of my application would have covered the period in which the opportunities fro appeal would end.

As that is the case, I ask that you release the records as the appeal periods close in each case.

Sincerely,

Ian Reid

***

On 2010-11-25, at 10:40 AM, Hudson, Vicki SSBC:EX wrote:

Hello Ian Reid:

This is email will confirm that all proceedings have not concluded and until such time the records are withheld pursuant to 3 (1) (h).  Our office has confirmed this decision with counsel.

Vicki Hudson
Manager
Information Access Operations,
Logistics and Business Services, Shared Services BC
Ministry of Citizens’ Services

250-356-0845

Providing Services to:
Ministry of Attorney General
Ministry of Public Safety and Solicitor General
Ministry of Aboriginal Relations & Reconciliation
Ministry of Housing & Social Development
Ministry of Children & Family Development

***

Sent: Thursday, November 25, 2010 10:58 AM
To: Hudson, Vicki SSBC:EX
Subject: Re: FOI Request 292-30/AGT-2020-00215

Ms. Hudson, as the appeal dates are limited can you please let me know when all proceedings are expected to conclude?

And according to Ms. Minkley the Criminal Services Branch has argued that the records associated with the BC Rail trial are bound up in the trial of the company convicted of bribing Basi in a separate alr related case.  I’m not interested in the records related to the ALR trial.  Can you provide me with an explanation of how those separate cases and groups of records are considered bound together so that the records related to a concluded case can be considered unreleasable because of a separate case that is close to conclusion?

Sincerely
Ian Reid

***

Hello Ian Reid:

I am unable to comment any further.

Thank you.

Vicki Hudson
Manager
Information Access Operations,
Logistics and Business Services, Shared Services BC
Ministry of Citizens’ Services

250-356-0845

Providing Services to:
Ministry of Attorney General
Ministry of Public Safety and Solicitor General
Ministry of Aboriginal Relations & Reconciliation
Ministry of Housing & Social Development
Ministry of Children & Family Development

Complaint time!  And is what I hear true?  The government is about to file an application to recover all records from the defence?  Are those shredders I hear warming up?

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6 Responses to BC Rail – what are they hiding? Cont.

  1. ” I am unable to comment any further ” How incredible. Why have these people forgotten who they really work for ? They’re not politicians.
    I’m sure I don’t have to ask you to pursue this, but I want you to know that I support you 100%.

    Guy in Victoria

  2. Ian says:

    Norm, I think the next step is to try and outfox them… maybe a complaint, maybe a once a week request until the proceedings are finished.

  3. Malcolm James says:

    There needs to be an injunction filed to prevent the destruction of these evidentiary documents. Better yet, the court should order these documents to be kept under the jurisdiction of the courts until released or until an independent review (perhaps an all party committee) is carried out and recommendations made based on the findings.

  4. BC Mary says:

    Yes, these are great suggestions for preserving and protecting those evidentiary BC Rail Trial documents …

    Ian, I totally support what you’re doing to get some of those documents.

    Tell us how we can help.

  5. Donna says:

    All of us know, Campbell’s most famous quote, shred, shred, shred. The RCMP were asked, to further their investigation of, Campbell’s corrupt sale of the BCR, they flatly refused. However, they will do Campbell and Mr. James’ dirty work, by terrorizing an elderly lady in her eighties, so she is terrified to sign anything. The RCMP, wanted nothing to do, regarding, Campbell’s corrupt sale of the BCR. So why are they sticking their faces in now? I would imagine, Campbell, Hansen and Mr. James, were frothing at the mouth, for all the $10,000, fines these people have been threatened with. This dirty work, is typical of the BC Liberals. One thing for sure, when we get rid of the ugly BC Liberals, there will not be a BC Liberal party, in our province, for at least 30 years. I wonder, if the RCMP will investigate, Campbell’s corruption regarding, the Sea to Sky highway scam? It is no wonder, BC citizens want the Provincial Police, the RCMP are far too corrupt.

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